Item G06BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 19, 2009
Bulk Item: Yes X No
Division: Growth Manai4ement
Department: Planning and Environmental Resources
Staff Contact Person: Andrew O. Trivette
Growth Management Director
AGENDA ITEM WORDING: Approval of re -plat of Rockland Industrial Park, a portion of Government
Lot 7, Section 21, Township 67 South, Range 26 East Rockland Key, Florida.
ITEM BACKGROUND: The applicant received approval of a minor technical change to a previously
recorded plat of Rockland Industrial Park from the Director of Planning as authorized by § 110-96(e) of the
Monroe County Code. The Acting Director of Planning approved the minor technical change in a letter
dated September 5, 2008. The approved change consisted of a 10 foot shift west and south of a 30 foot
"road/utility easement" that partially divides Lots 3 and 4 of the subdivision.
In order to be recorded, the amended Mylar must be approved by the BOCC. No public hearing is required.
The original final plat for Rockland Industrial Park was approved by Resolution 267-2006 and is recorded in
Monroe County Plat Book 7, Page 76.
PREVIOUS RELEVANT BOCC ACTION: The original plat was approved by the Board of County
Commissioners at its regular meeting on July 19, 2006.
CONTRACT/AGREEMENT CHANGES: NA
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: N/A
COST TO COUNTY:N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
RESOLUTION NO
A RESOLUTION BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS APPROVING THE
ROCKLAND INDUSTRIAL PARK REPLAT WITH A
MINOR TECHNICAL CHANGE TO THE ORIGINAL
PLAT OF THE ROCKLAND INDUSTRIAL PARK
RECORDED IN PLAT BOOK 7 AND PAGE 76 WHICH
AMENDMENT HAS ALREADY BEEN APPROVED BY
THE ACTING PLANNING DIRECTOR PURSUANT TO
MONROE COUNTY CODE SECTION 110-96(E),
HAVING LEGAL DESCRIPTION OF A PORTION OF
GOVERNMENT LOT 7, SECTION 21, TOWNSHIP 67
SOUTH, RANGE 26 EAST, ROCKLAND KEY,
FLORIDA, HAVING REAL ESTATE NUMBER
001122080-000100.
WHEREAS, The Monroe County Board of County Commissioners approved the
final plat for Rockland Industrial Park at its regular meeting of July 19, 2006 by
Resolution 267-2006;
WHEREAS, pursuant to Monroe County Code Section 110-96(e) if a plat has
been previously approved and recorded, technical or minor changes to the plat may be
approved by the Director of Planning;
WHEREAS, the applicant moved a road 10 feet west and south of a 30 foot road
/ utility easement which is a minor technical change; and
WHEREAS, the Acting Director of Planning granted the minor technical
amendment on September 5, 2008; and
WHEREAS, the City of Key West, Florida Keys Aqueduct Authority, the
Monroe County Engineer and the Fire Marshall have no objections to the replat;
WHEREAS, The Fire Rescue Captain has reviewed the old and proposed plans
and concluded that the Fire Marshall's office has no objection to the granting of this
change because all ingress/egress roads to and from the waste transfer station are
unaffected.
WHEREAS, The County Engineer has reviewed the old and proposed plans and
has no objections to the minor technical change.
Pagel 42
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Monroe County, Florida:
SECTION 1: The Rockland Industrial Park replat is hereby approved
SECTION 2: A complete set of building plans will be required for each platted
lot as it is developed and subject to review by all relevant
permitting or review agencies including, but not limited to, FKAA,
Fire Marshal, Keys Energy Services, Department of Health,
Florida Department of Environmental Protection, South Florida
Water Management District, County Engineer, County Traffic
Engineer, and reviewed by Staff for compliance with the Monroe
County Code.
PASSED AND ADOPTED, by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 191h day of August, A.D., 2009.
Mayor George Neugent
Mayor Pro Tem Sylvia Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
DEPUTY CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M.
Mayor George Neugent
MONROE COUNTY ATTORNEY
APP@VVED ASJO-FORM
(.
Date:
Page 2 of 2
2 MEMORANDUM
3 MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
4 We strive to be caring, professional and fair
5
6 To: Andrew O. Trivette, Growth Management Director
7
8 Through: Townsley Schwab, Sr. Director of Env. & Planning Resources
9 Mitch Harvey, AICP, Comprehensive Planning Manager
10
11 From: Kathy Grasser, Comprehensive Planner
12
13 Date: July 30, 2009
14
15 Re: BOCC Request for an Approved Minor Technical Change of Final Plat to be
16 recorded in the Clerk's Record Books for Rockland Industrial Park,
17 RE Number 00122081.000500
18
19 Meeting: August 19, 2009
20
21 L REQUEST
22 The applicant received approval of a minor technical change to a previously recorded
23 plat of Rockland Industrial Park from the Director of Planning as authorized by § I l 0-
24 96(e) of the Monroe County Code. The Acting Director of Planning approved the
25 minor technical change in a letter dated September 5, 2008. The approved change
26 consisted of a 10 foot shift west and south of a 30 foot "road/utility easement" that
27 partially divides Lots 3 and 4 of the subdivision.
28
29 11. LOCATION
30 Mile Marker 9, Rockland Key, quarry site North of US 1
31
32 LEGAL DESCRIPTION: A parcel of land in a part of Government Lot 7, Section 21,
33 Township 67 South, Range 26 East, on Rockland, Monroe County, Florida
34
35 Applicant: Rockland Operations, LLC
36 PO Box 787
37 Key West, FL 33041
38
39 AAg n Trepanier & Associates, Inc.
40 1026 Thomas Street
41 PO Box 2155
42 Key West, FL 33045-2155
43
44
45
Rockland Industrial Park Re -Plat Page I of Minor Technical Change
August 19, 2009 P26077
I III. PROCESS:
2 If a plat has been previously approved and recorded, technical or minor changes to the
3 plat may be approved by the Director of Planning. However, in order to be recorded by
4 the Clerk, the BOCC must approve the actual document, which is the Mylar Plat.
5
6 IV. PRIOR COUNTY ACTIONS•
7 The Monroe County Board of County Commissioners approved the final plat at its
8 hearing of July 19, 2006 by Resolution 267-2006.
9
10 The Acting Director of Planning approved the changes in a letter dated September 5,
11 2008.
12
13 V. REVIEW OF APPLICATION•
14 Letters of Coordination and other documentation received from and processed for the
15 Agent:
16 a. Certified copy of approved plat (I 1x17)
17 b. Monroe County Resolution No. 267-2006
18 C. Title Certification dated January 7, 2009 from Susan M. Cardenas, Title
19 Examiner
20 d. A signed letter dated September 5, 2008 from the Acting Director of Planning
21 approving the minor technical change
22 e. Key West Resolution 09-175 approving the applicant's minor technical change
23 f Letter from City of Key West approving the applicant's minor technical change
24 g. Easement Agreement between applicant and the City of Key West allowing the
25 City use of the 30 foot utility easement in the Rockland Industrial Park
26 Subdivision
27 h. Letter from FKAA making no objection of the applicant's minor technical
28 change
29 i. An email dated September 22, 2008 from the Monroe County Fire Rescue
30 Captain stating he has reviewed the old and proposed plans and concluded that
31 the Fire Marshall's office has no objection to the granting of this change because
32 all ingress/egress roads to and from the waste transfer station are unaffected.
33 j. An email dated October 14, 2008 from the Monroe County Engineer stating he
34 has reviewed the old and proposed plans and has no objections to the minor
35 technical change.
36
37 VI. RECOMMENDATION
38
39 Staff recommends APPROVAL of the amended plat to the Monroe County Board of
40 County Commissioners subject to the following conditions:
41
42 1.) The final approved replat shall be recorded pursuant to Section 110-96 of the
43 Monroe County Code.
Rockland Industrial Park Replat Page 2 of 2 Minor Technical Change
July 15, 2009
ROCKLAND INDUSTRIAL PARK REPLAT
Plat Book 7, Page 76
PORTION OF GOVERNMENT LOT
TOWNSHIP 67 SOUTH, RANGE
ROCKLAND KEY, FLORIDA
ISLAND SURVEYING INC.
Engineers & Surveyors
3152 Nart9reide Drive
Key West, -tondo
ju(y 2009
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PLAT BOOK 7 PAGE
Doe* 1598842 08/18/2006 3;62PM Doc" 1398842
F114d j Recorded in Official Records of Sk" 2232 P 840
MDMROE COUNTY DANNY L. KOLHWE
RESOLUTION No. 267-2006
A RESOLUTION BY THE MONROE BOARD OF COUNTY COMMISSIONERS
GRANTING FINAL PLAT APPROVAL FOR THE SUBDIVISION OF LAND
INTO THREE (3) LOTS, TO BE KNOWN AS "ROCK.LAND INDUSTRIAL
PARK", A PORTION OF GOVERNMENT LOT 7, SECTION 21, TOWNSHIP 67
SOUTH, RANGE 26 EAST, ROCKLAND KEY, FLORIDA, HAVING REAL
ESTATE NUMBER 00122080-000100.
WHEREAS, the Development Review Committee met on June 13, 2006 to
review Rockland Operations LLC's Application for Final Plat Approval for conformity
with the substantive and procedural requirements of the land development regulations,
and unanimously recommended approval with conditions (Sections 1 through 4 below),
and
WHEREAS, pursuant to Monroe County Code Section 9.5-84 the procedure for
approving final plats involving fewer than five (5) lots that have been approved by the
development review cOnImittee is to place the final plat on the consent (bulk) agenda of
the next regularly scheduled meeting of the board of county commissioners, which shall
become effective unless removed by the affirmative vote of three (3) members of the
board,
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Monroe County, Florida, that:
SECTION 1: The final approved plat signed and sealed by professional land
surveyor and engineer Freederick H Hildebrandt, PE, and dated
June 06, 2006 shall be recorded pursuant to Section 9.5-91 of the
LDRs.
5ECIION 2: All public or private infrastructure improvements shall be
guaranteed as per the specifications of Section 9.5-85 of the LDRs,
and such guarantees shall be approved by the County Engineer, the
County Attorney, and the Director of Planning after final plat
approval, and prior to issuance of permits to construct
infrastructure. All infrastructure shall be completed within two (2)
Years of final plat approval.
SECTION 3: Provisions for limitations as to County maintenance shall be
approved by the County engineer and County attorney pursuant to
Section 9.5-89 of the LDRs.
SECTION 4: A complete set of building plans will be re for each lot as it is developed and subject to review by all platted
Pate t of 2
Doc# 2508842
BkX 2232 Pon Sol
Permitting or review agencies including, but not limited to, FKAA,
Fine Marshal, Keys Energy Services, Department of Health,
Florida Department of Environmental Protection, South Florida
Water Management District, County Engineer, County Traffic
Engineer, and reviewed by Staff for compliance with the Monroe
County Code.
PASSED AND ADOPTED, by the Board of Count Commissioners of Monroe
County, Florida at a regular
meeting of said Board on the 19
day of July, A.D., 2006.r_-,
Mayor Charles "Sonny" McCoy Yea
3 c:1
Zp
�V C7
Mayor Pro Tern Dixie Xt Spehar Yes
C
b
Commissioner Glenn Patton Yes
mac,' a°
Commissioner George Neugent Yes?OCt
Commissioner David Rice Yea
�'
v
ATTEST: Danny L. Kolhage, CLERK
N I RN W owl
Deputy Clerk
Page 2of2
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
By:
9
Mayor
MCOUNCTYY
TITLE CERTIFICATION
STATE OF FLORIDA:
COUNTY OF MONROE:
Attorneys' Title Insurance Fund, Inc., a title insurance corporation, duly licensed in the State of
Florida, does hereby certify the following: We have examined the title to the hereon described
property; We find the title to Lot 1 is vested in the City of Key West, Florida, a municipal
corporation, and title to Lot 2, Lot 3, and Lot 4 is vested in Rockland Operations, LLC, a Florida
limited liability company; The current taxes have been paid; The property is not encumbered by
any mortgage and there are no encumbrances of record that affect the subdivision of this
property.
ATTORNEYS' TITLE INSURANCE
FUND, INC.
e-ti Date:,6- % Zt, ))
Susan M. Cardenas, Title Examiner
PLAT SEARCH
Showing Information Required by F.S.177.041 Prior to Platting Lands
Fund File Number: 38-2008-000809
Provided For. Susan Mary Cardenas
Agent's File Reference. MP-2418647
Effective Date of Search: December 21, 2008 at 11:00 PM
Description of Real Property Situated in Monroe County, Florida.
All of, Rockland Industrial Park, according to the plat thereof as recorded in Plat Book 7, Page(s) 76, Public Records
of Monroe County, Florida. Less FKAA Parcel: A parcel of land in a part of Government Lots 5 & 6, Section 21,
Township 67 South Range 26 East on Rockland Key, Monroe County, Florida and being more particularly described
as follows:
I Commence at the Southwest comer of "Rockland Village No. 2" as recorded in Plat Book 7 at Page 17; thence
North a distance of 29.30 feet; thence West for a distance of 1956.83 feet; thence North for a distance of 40.00 feet
to the Point of Beginning; thence West for a distance of 30.00 feet; thence North for a distance of 110.00 feet;
thence West for a distance of 230.80 feet; thence North for a distance of 251.67 feet thence East for a distance of
250.80 feet; thence South for a distance of 351.67 feet; thence S 45' 00'00" E for a distance of 14.14 feet back to the
Point of Beginning.
Record Title Vested in:
Rockland Operations, LLC, a Florida limited liability company,(As to All of, less Lot 1) and City of Key
West, Florida, a municipal corporation (As to Lot 1) by Quit Claim Deed and Warranty Deed
Recorded in: O.R. Book 1580, Page 1638, O.R. Book 2072, Page 1706, O.R. Book 2236, Page 114,
Public Records of Monroe County, Florida.
Prepared this 6th day of January, 2009.
Prepared by. Jose L. Carvajalino
Phone Number. Senior Examiner/305459-2640
Page 1 of 2
Attorneys' Title Insurance Fund, Ina
Rev.1.0
PLAT SEARCH
Fund File Number: 38-2008-000809
The following mortgages are all the mortgages of record that have not been satisfied or released of
record nor otherwise terminated by law:
None
Other encumbrances affecting the title:
1. Easements contained in instruments recorded in O.R. Book 340, Page 91, O.R. Book 1824, Page
1465, O.R. Book 2146, Page 20 and O.R. Book 2236, Page 117, Public Records of Monroe
County, Florida.
2. All matters contained on the Plat of Rockland Industrial Park, as recorded in Plat Book 7, Page(s)
76, Public Records of Monroe County, Florida.
3. Resolution No. 267-2006 recorded in O.R. Book 2232, Page 690, Public Records of Monroe
County, Florida.
This search is provided pursuant to the requirements of Florida Statute 177.041 for the uses and
purposes specifically stated therein and is not to be used as the basis for issuance of an insurance
commitment and/or policy.
The information contained herein is furnished for information only. Maximum liability for incorrect
Information is .$1000.
Page 2 of 2
County of Monroe
Growth Management Division
Planning & Environmental Resources
Department
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
We strive to be caring, professional and fair
September 5, 2008
Owen Trepanier & Associates, Inc.
Owen Trepanier & Kevin Hoyes
PO Box 2155
Key West, FL 33045-2155
Board of County Commissioners
Mayor Mario DiGennaro, Dist. 4
Mayor Pro Tern Charles "Sonny" McCoy, Dist. 3
Commissioner George Neugent, Dist. 2
Commissioner Dixie Spehar, Dist. I
Commissioner Sylvia J. Murphy, Dist. 5
Subj: Technical change to Rockland Industrial Park — Re -Plat for RE number 00122080-000100
Owen and Kevin:
You requested a minor change to the Rockland Industrial Park plat to allow for a 10 foot shift west and
south of a 30 foot "road/utility easement" that partially divides Lots 3 and 4 of the subdivision. A final
plat for a portion of Government Lot 7, Section 21, Township 67, South, Range 26 East, Rockland Key,
Florida was approved by the Monroe County Board of County Commissioners on July 17, 2006 through
Resolution 267-2006 and located in Plat Book 7, Page 76.
Submittal letters by the City of Key West, dated February 1, 2008, signed by R. B. Havens, Public Works
Manager and the Florida Keys Aqueduct Authority, dated January 25, 2008, signed by Kirk C. Zuelch,
General Council did not object to the proposed change.
The boundaries, subdivision lots and all abutting lots will not change and will not affect other property
owners. The language on the re -plat will be changed to reflect ten (10) foot shift in road/utility easement.
You are responsible for four (4) requirements listed in the application letter on Page 3 under "Additional
Undertakings By Applicant." These requirements are:
(1) Submit new easements into County records, extinguishing the old easements. The new
easements would match the property description of the easements on the changed plat map;
(2) Secure approval by resolution of the Monroe County Board of County Commissioners of the
plat map and vacation of the old plat map;
(3) Pay the County its recording fees for recording of a plat map; and
(4) Provide a Mylar of the signed and approved re -plat map for submission into county records
as required by the Monroe County CIerk.
WAGROWTH MANAGEMENT\Geo\Lower Keys1009 Rocklanffinal Plat Toppino.Rockland KeytMinor Technical Change Letter to Trepanier 9-5.08.doe
Page I of 2
Once the four requirements have been completed, please submit a copy of the BOCC approved and
signed plat map to the Planning Department.
Pursuant to Monroe County Land Development Regulations, Section 9.5-81 (e) which states "if a plat has
been previously approved and recorded, technical or minor changes to the plat may be approved by the
Director of Planning." Your request is approved for the Rockland Key Industrial Park minor technical
change to amend the plat to allow for a 10 foot shift west and south of a 30 foot "road/utility easement"
that partially divides Lots 3 and 4 of the subdivision on the condition applicant fulfils numbers 1-4
above.
Please let us know if we can be of any other service.
Acting Director, Monroe County Planning and Environmental Resources
PH: 305-289-2523
FAX: 305-289-2536
Email: schwab-townsley@monroecounty-fl.gov
WAGROWTH MANAGEMENMeo\Lower Keys\009 Rocklanffinal Plat Toppino.Rockland KeylMinor Technical Change Lem to Trepanier 9-5-08.doc
Page 2 of 2
RESOLUTION NO. 09-175
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, APPROVING A REPLAT
OF ROCKLAND INDUSTRIAL PARK, WHICH AREA
INCLUDES THE PROPERTY KNOWN AS THE TRANSFER
STATION; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City is the owner in fee simple of real property
within the platted area known as Rockland Industrial Park; and
WHEREAS, technical adjustments must be made to the location of
the easement for access and utilities located within the plat; and
WHEREAS, the adjustment to the location of the said easement
necessitates that the area be formally replatted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AS FOLLOWS:
Section 1: That the attached Rockland Industrial Park Replat
is approved.
Section 2: That the Mayor is authorized to execute the
original of the attached Rockland Industrial Park Replat.
Section 3: That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this 21't day of July, 2009.
Authenticated by the presiding officer
Commission on July 22 2009.
Filed with the Clerk
ATTEST:
CHERYL SMITH, CITY CLERK
and Clerk of the
Executive Summary y
To:
James K. Scholl, City Manager
er
From:
Larry R. Erskine, Chief Assistant City Attorney
Date:
July 8, 2009
Subject:
Resolution — Approval of Rockland Industrial Park Replat
Action Statement:
This is a request for the City Manager and Commission to approve the attached Rockland Industrial
Park Replat and authorize the Mayor to execute same.
Background:
In 2006, the City purchased a four acre parcel of land on Rockland Key to be utilized as a transfer
station. The parcel had previously been part of a larger tract. The City's purchase was contingent
upon the larger tract being platted into several parcels. The land was formally platted prior to the
closing of the City's transaction.
After the plat was approved, the owner of the original tract determined that the easement for access
and utilities must be shifted t0 feet west and south for technical reasons. This shift necessitates
replatting the parcels. In that the City now owns a portion of the land comprising the platted area, the
City must consent to the replat to be presented to the County for approval. This is accomplished by
the Mayor's execution of the replat document, a copy of which is attached. Upon final approval, the
replat document is recorded in the public records of the County.
Recommendation:
That the replat be approved and the Mayor be authorized to sign the replat document.
THE CITY OF KEY WEST
rOst Oil -ice Bo. 1409 K�4 W,ci�FL 3i��1-1� S09-3-Up
February 1, 2008
Frank Toppino
Charley Toppino & Sons
P. O. Box 787
Key West, FL 33041
Re: Road and Utility Easement for the City of Key West Transfer Station, Rockland Key
Dear Mr.Toppino,
It is our understanding that you are requesting authorization from Monroe County to adjust the road
easement and utility easement that provides access to the City of Key West transfer station parcel located in
the Rockland Industrial Park. The drawings that have been provided by Trepanier & Associates depicts the
East/West segment of the easement being adjusted ten foot (10') to the South and the North/South segment
of the easement being adjusted ten foot (10') to the West.
The City has no objection to this modification of the road and utility easement.
If you have any questions contact this office at the address below.
Zly,
vers
Public Works Manager
633 Palm Avenue
Key West, Florida 33031
rbhaven@keywestcity.com
Phone: 305-809-3571
Cc: Jim Scholl, City Manager
Shawn Smith, City Attorney
`fey to the C aiibbean - ravt:rt&e yearly tcrrr�c�raluie : 7 0 ?(dtre. /,it.
Do** 1602
2tu utstrutnent was pre d MOA*OE COLW Y d 11 011 ft?�06 R*ro S44�
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by and should be returned to: 09/8a/2906
Stones & Cardenu 8 :54AM
221 Simonton Street DeRD DOC STAMP CL: pW
Key West, FL 33040 i0 7S
Doep 1601953
US 2236 P9% 117
EASEMENT A REF�MFWT
THIS EASEMENT AGREEMENT(' • mene) is made and entered into this Z �% day of
A VC t�.S7 , 2006, by and between ROCKLAND OPERATIONS, LLC, a Florida Limited
Liability Company (hereinafter "Grantor'), with a mailing address at P.O. Box 787, Key West. Florida
33041 and THE CITY OF KEY WEST, a municipal corporation, (hereinafter "Grantee', with a
mailing address at P.O. Box 1409, Key West, Florida 33041.
RF
CITALS:
I . On August 24, 2006, Grantor conveyed unto Grantee real property located in Monroe County, Florida, and more particularly described on Exhibit "A", which is attached hereto,
incorporated by reference, hereinafter referred to as the "Key West Transfer Station°. The W /`
Deed tranf wing fee simple tide to the Key West Transfer Station is recorded in Official Book�EM at Pagel/ of the Public Records Monroe County, Florida.
2. Grantor has agreed to grant unto Grantee an access easement over real property
incorporated by reference, hereinafter referred to as the " located in Monroe, Florida, and more particularly described on Exhibit "B", which is attached hereto,
Easemen remises°, in order to provide
Grantee with ingress and egress to and from the Key West Transfer Station.
Easement Premises for the benefit of The City of Key West. 3. Grantee wishes to receive a non-exclusive ingress and egress easement over the
NOW, THEREFORE, for Ten Dollars ($10,00) and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and
Grantee agree as follows:
1. Grant of Easement. Grantor conveys to Grantee, and its employees, agents,
contractors, invitees, guests, successors and assigns, a non-exclusive easement for access, ingress
and egress over, upon and across the Easement Premises for the purpose of utilizing the Key
West Transfer Station. Grantor shall furnish and maintain the Easement Premises free and dear
from any obstruction and shall not construct, place, or allow the placing or construction of any
obstruction which would interfere with the Grantee's rights as provided herein.
2. No Public Dedication. Nothing contained in this Easement shall, or shall be
deemed to, constitute a gift or dedication of any portion of the Easement Premises to the general
public or to be for the benefit of the general public or for any other public purpose whatsoever. It
is the intention of the parties that this Easement shall be for the use and benefit of Grantee and its
guests, agents, employees, contractors, invitees, legal representatives, successos
rs and assignin
connection with their business and any other use of the City of Key West Transfer Station.
Doc# 1601963
8kU 2236 P9t 118
3. Construction Maintenance and Repair of Easement Premises. Grantor shall
maintain the Easement Premises pursuant to that certain Roadway Improvement And
Maintenance Agreement executed even this date hereof and in such a manner e not to
unreasonably restrict, impair or delay'tigress to and egress from the Key West Transfer Station
and shall not use the Easement Premises for a purpose inconsistent with the gran
o pert of easement in
this instrument. Grantee covenants tform its obligations under said
but not limited to Agreement, including
Payment of the ton fee of .50 dollars for each ton of solid waste, recycling
or another refuse crossing the easement while making ingress to Grantee's property.
4. Effect. This Easement Agreement along with all covenants, stipulations,
terns, conditions and a provisions shall run with the land in perpetuity and shall bind and benefit
the parties hereto and their respective successors and assigns.
5. The Grantor does hereby warrant good and marketable tide for the Easement
Premises and that it has full power to enter into this Easement Agreement.
6. Attorney Fees and. Casts. In the event of any litigation or arbitration aril this Easement, the prevailing party shall be entitled to recover attorneys' and paralegals' arising
s and
other legal costs reasonably expended or incurred in connection therewith, before, during and
subsequent to any litigation, including arbitration and appellate proceedings, bankrutc similar creditor/debtor proceedings. py or
IN W'TNESS WHEREOF, Grantor and Grantee have executed this Easement
Agreement as of the date first above written.
Signed, sealed and delivered
in the presence of
Signature of Witge��
Printed Name of Witness
Signature of Witness
Fri
�_ me z1
Printed Name of Witness
S' atur of Witne s
_ e- S
Printed Name of Witness
7
Signature of Witness
Printed Name of Witness
ROCKI A,ND OPERATIONS, LLC
FRAM TPK TOPPING, MGR.
ROCKLAND OPERATIONS, LLC
EDWARD TOPPI , MGR. __
Z;W-- -
S�' nature of Wi ss�
4*LA id ! F
Printed Name of Witness
A
aTnature i �,,ri i
Printed Name of Witness
STATE OF FLORIDA )
)ss.
COUNTY OF MONROE )
DocV 1501963
Bkq 2236 Pqn 119
CITY OF, WEST
By.
;AVAEL, CI AGER
The foregoing instrument was acknowledged before me this ZYA day of ,� ,, ��
2006, by FRANK P. TOPPINO, who is personally known to me or has prodLuced
as identification.
ot''`y Ns' Erin H. Nevius
Commission * DD335088
MY com kes Jury S. 2008
S �•M
4ww+. k ,oaUsro+a
STATE OF FLORIDA )
)SS.
COUNTY OF MONROE )
NOTARY PUBLIC
Print Name:�I �Ij
The foregoing instrument was acknowledged before me this 2Y" day of
2006, by EDWARD TOPPING, who is personally known to me or has produced
as identification.
ros'R�`yF Erin H, Novi s
• : Cd»missian # DD335ON
�'�d Expires July 8 2008
My commission expires:
NOTARY PUBLIC
Print Name: Giv N�r/il
ei/28/2988 e8:53 3e52965189
BEY TOPPING
Florida Keys d$
Aqueduct Authori
Post Me Box 1239
1100 KWIWY Drive
eta.% , Ficxida 32Q41 1239
January 25, 2008
Frank Toppino
Charlie Toppino 8t Sons
F.O. Box 787
Key West, Florida 33041
Dear Mr. Toppino:
PAGE 02
J. Robed
chaaman Clean
Kay West
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Elena Z Herrera
Ro�dded
rw
to PPM ke Key
OMT
Key t.,
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Re
Exem4W
Please be advised that the FKAA owns a parcel of land on Rockland Key the is adjacent to the
road to the solid waste bauafer station. It is our understanding that you have regw sted
8udwT zatioa to SM A this road 10' closer to the property, owned by the PKAA.
The FKAA has no objection to the mad being shifted 10' closer to our property. Should you or
anyone have any questions, please do toot hesitate to contact me.
Sincerely,
FLORIDA KEYS AQUEDUCT AUTHQRTTY
, . 7
KCZ jec
Page 1 of 1
Grasser -Kathy
From: Zavalney-Steve
Sent: Monday, September 22, 2008 2:44 PM
To: Grasser -Kathy
Cc: Koppel -Dave; Grimsiey-Susan; Romero -Wally
Subject: RE: "Minor Change" to Rockland Industrial Park Plat
Attachments: Zavalney-Steve.vcf
I have reviewed the old and proposed plats, and concluded that the Fire Marshal's office has no objection to the
granting of this change, as long as all ingress/egress roads to/from the waste transfer staion are unaffected.
Since this refers to an easement only, I belive this to be the case.
If you need any further information, please do not hesitate to contact me
From: Grasser -Kathy
Sent: Monday, September 22, 2008 1:20 PM
To: Zavalney-Steve
Subject: FW: "Minor Change" to Rockland Industrial Park Plat
Thank you for reviewing. I have attached the old and new plat, the application and the
letter we had written and approved by Towns(ey.
Thank you for your time.
Kathy Grasser
Comprehensive Planner
Monroe County Planning and
Environmental Resources
(305) 289-2526
10/21/2008
Page 1 of 2
Grasser -Kathy
From: Pearson -April on behalf of Koppel -Dave
Sent: Tuesday, October 14, 2008 4:37 PM
To: Grasser -Kathy
Subject: FW: Need approval
Hi Kathy,
Dave has no objections.
Thank you,
April M. Pearson
Esvecutiue Assistant to
David S. Koppel, P.E.
County Engineer
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 2-216
Key West, Plorida 33040
305-292-4469 direct
305-292-4426 department
305-295-4321fax
lma"son-apriIWmonruecQunh.-il,suc
HELP US HELP YOU! Your feedhaek is important to us!
Please take a moment to complete our CUSTOMER SATISFACTION SURVEY:
http j�nronroecotl�ir rrlto�.n e Pae�MonmeCnFL WebLlpcs/css
PLEASE, NOTE: Elorida hus a eery broad public records law'. Most written communications to orfrom the County regarding County business are
public record, aaailuble to the public and media upon request_ Krur e-mail communicution may be subject to public disclosure.
From: Pearson -April
Sent: Tuesday, October 14, 2008 9:55 AM
To: Koppel -Dave
Subject: FW: Need approval
Hi Dave,
Can we do something on this for Kathy? This is going to the Board for tomorrow's agenda
April M. Pearson
lit ecu/iue Assistant to
David S. Koppel, P.E.
County Engineer
The Historic Gatti Cigur Factory
1100 Simonton Street, Suite 2-216
Key West. Florida 3.3040
305-292-4469 direct
305-292-4426 department
305-295-4321fax
Iu::u-H3n -a pro I tom; mon roccorr n t�-ft.goc
HELP US HELP YOU! Yuur feedlHlck is important to us!
Please take a moment to complete our CUSTOMER &VI ISFACr10N SURt'F,Y:
http:/(nlnnr�xcolt_�irtr�ilto.. nh,rlt.nct,`P�I;cs/Jtonrx�t'oFL_ �t chltuc;/css
YLI:ASF..A'O'(T: Florida has a very brood public records lure. ;Host Written communications to or from the County regurding Cnunty business are
public record, available to the public and media upon request. } iN1r e-mail cwmnunicutGrn maq he subject to public discbrsurr.
From: Grasser -Kathy
Sent: Wednesday, October 08, 2008 9:47 AM
10/21/2008